13-122.Posting of notice that right of access is by permission and subject to control of owner.
Article XIII. Limitations · Part 1. Real Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a landowner block any use of their land, no matter how long it continues, from ever ripening into a prescriptive easement or implied dedication, by posting a specified permission notice at every entrance or at least every 200 feet along the boundary.
Full Text of 735 ILCS 5/13-122
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No use of any land by any person or by the public generally, no matter how long continued, shall ever ripen into an easement by prescription, or be deemed to be an implied dedication, or be deemed to give rise to any other right, customary or otherwise, to be on, or to engage in activities on, such land, if the owner of such property for a continuous period posts at each entrance to the property or at intervals of not more than 200 feet along the boundary a sign reading substantially as follows: "Right of access by permission, and subject to control of owner".
If the entrances or boundaries of the property sought to be protected are paved, the sign referred to in this Section may be embedded in the pavement, provided that the inscription is legible and in letters at least as large as 24 point type.
The procedure provided in this Section does not constitute the exclusive method of preventing the use of land from creating an easement by prescription, an implied dedication or any other right to be on or to engage in activities on the land, but is in addition to any other methods now or hereafter provided by law. This Section shall not be applied retroactively to events which took place before October 1, 1975.
Plain-English Summary
Public or private use of land can, over time, create legal rights, an easement by prescription or an implied dedication to the public, even without the owner's consent. Section 13-122 gives owners a way to head that off: post a sign reading, in substance, "Right of access by permission, and subject to control of owner," at every entrance to the property or at intervals of not more than 200 feet along the boundary, maintained continuously.
Where entrances or boundaries are paved, the sign can be embedded right in the pavement, as long as the words stay legible and appear in letters at least 24-point type.
The statute is careful to say this isn't the only way to prevent a prescriptive claim; it's one additional method alongside whatever else the law already allows. And it doesn't reach backward: it has no effect on events that took place before October 1, 1975.
Frequently Asked Questions
What must the sign say to get the protection of Section 13-122?
Substantially: "Right of access by permission, and subject to control of owner."
How often must the owner post the sign along the property?
At each entrance to the property, or at intervals of not more than 200 feet along the boundary.
Can the notice be embedded in pavement instead of posted as a sign?
Yes, if the entrances or boundaries are paved, as long as the inscription stays legible and appears in letters at least 24-point type.
Is posting this notice the only way to prevent an easement by prescription in Illinois?
No. The statute says this procedure is in addition to any other methods already provided by law, not the exclusive one.
Does this section apply to uses of land that happened before it took effect?
No. It doesn't apply retroactively to events that took place before October 1, 1975.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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